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The Main Principles Of The Australian Legal System

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The main principles of the Australian Legal System are fairness, equality before the law and justice. The constitution provides a structure that outlines separation and division of powers, defining the powers exercised by the government bodies. This is demonstrated through the constitution defining acceptable and unacceptable conduct which outlines expectations for the Australian public, enabling social cohesion and upholding rule of law. The Australian Legal System is based on legal and social principles ensuring laws are democratically enforced and free from arbitrary exercise of power.
The Australian Legal System establishes laws promoting social cohesion and enabling social progress within our multicultural society. Laws which reinforce the social, moral, economic, religious, and political values of society ensure social cohesion is upheld. The legal system demonstrates these values through the addition of the Racial Discrimination Act 1975 (Cth) which aims to ensure people of all backgrounds are treated equally regardless of their race, colour, or ethnic origin. Laws such as this recognises rule of law in the legal system by ensuring equal rights for all …show more content…

Acceptable and unacceptable conduct is distinguished clearly within the legal system to restrict the unlimited exercise of individual freedom and actions but only to protect the rights of others. In this system, unacceptable behaviours are separated into 2 branches of law: criminal and civil, identifying the seriousness and harshness of unacceptable actions. Sanctions for breaching civil and criminal law serve as punishments or reparations, to enable social cohesion by ensuring consistency and fairness in the system, therefore protecting the rights of individuals by reinforcing safe practices and

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